State ex rel. Childs v. Holman
Supreme Court of Minnesota
by leave of this court, presented an information stating that at a municipal election held in the City of St. Paul on May 1, 1894, under Sp. Laws 1891, ch. 6, for the election of nine assemblymen at large to the common council of the city, thirty six persons were candidates. That of these Wm. Banholzer received 11,199 votes, Oscar E. Holman 11,112, Timothy Rear-don 11,291, and O. H. Arosin 11,294, that seven others had more votes than any one of these four.
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by leave of this court, presented an information stating that at a municipal election held in the City of St. Paul on May 1, 1894, under Sp. Laws 1891, ch. 6, for the election of nine assemblymen at large to the common council of the city, thirty six persons were candidates. That of these Wm. Banholzer received 11,199 votes, Oscar E. Holman 11,112, Timothy Rear-don 11,291, and O. H. Arosin 11,294, that seven others had more votes than any one of these four. That the votes were duly canvassed, and the seven, together with Banholzer and Holman, were declared elected. That Banholzer and Holman…
1Opinion of the CourtMitchell, J.
In their answer to the information filed to test respondents’ title to the office of assemblymen of the city of St. Paul, two defenses are interposed. To the first defense the state demurred, and the issue raised by this demurrer is the one now submitted to the court. Its determination depends upon the construction and constitutionality of the provision relating to the residence of assemblymen contained in the city charter (Sp. Laws 1891, ch. 6, §1).
1. This provision, so far as here material, is as follows: “Said assembly shall be composed of nine (9) members. The members of the assembly…
2Cases cited4 opinions
- Brisbin v. ClearySupreme Court of Minnesota · 1879
- Harrington v. Town of PlainviewSupreme Court of Minnesota · 1880
- State ex rel. Knappen v. CloughSupreme Court of Minnesota · 1876
- State ex rel. McCarthy v. FitzgeraldSupreme Court of Minnesota · 1887
3Cited by15 opinions
- Gibbany v. FordNew Mexico Supreme Court · 1924
- Johnson v. County of Grand ForksNorth Dakota Supreme Court · 1907
- Bruce v. Civil Service BoardCalifornia Court of Appeal · 1935
- State ex rel. Nordin v. EricksonSupreme Court of Minnesota · 1912
- State ex rel. Thornburg v. HuegleSupreme Court of Iowa · 1907
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